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LEWIS v. GILCHRIST

Civ. A. No. 3398.

198 F.Supp. 239 (1961)

John L. LEWIS, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, Plaintiffs v. William G. GILCHRIST, Jr., individually, and doing business as G. & R. Coal Company; and William G. Gilchrist, Jr. and William G. Gilchrist III, individually and doing business as G. & R. Coal Company, a partnership, Defendants.

United States District Court N. D. Alabama, Northeastern Division.

April 6, 1961.

Attorney(s) appearing for the Case

Cooper, Mitch, Black & Crawford, Birmingham, Ala., and Harold H. Bacon, Washington, D. C., for plaintiffs.

Baker, Young, Young & Baker, Knoxville, Tenn., and Harris & Harris, Decatur, Ala., for defendants.

GROOMS, District Judge.

This cause came before the Court on plaintiffs' motion for summary judgment directed to all issues raised by defendants' original answer, and the first and second amendments to said answer, and on defendants' motion for summary judgment directed to the eleventh defense of said amended answers, pursuant to the provisions of Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. No jury trial was demanded by either party.

Plaintiffs'...

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